Vijaya v. Subramanian

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Eleventh day of August Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.M.SUNDRESH and The Hon`ble Mr.Justice N.SATHISH KUMAR CMP(MD) No.5096 of 2017 IN AS(MD) No.78 of 2017 1 VIJAYA 2 KALAIARASI 3 ANBU ... PETITIONERS/PETITIONERS Vs 1 SUBRAMANIAN 2 VIJAYAKUMAR 3 VALLI ... RESPONDENTS/RESPONDENTS Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to grant an order of Interim Injunction restraining the respondents, their men or against not to alienate the schedule mentioned properties pending disposal of the above appeal suit and to pass such further or other orders as may deem fit and proper in this circumstances of the case and thus render justice. Prayer in AS(MD). 78/ 2017 :

Appeal Suit praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to call for the records of the Judgment and Decree passed in O.S.No.77/2014 dated 29.4.2016 on the file of the Honourable II Additional District and Sessions Court, Thanjavur and set aside the same and allowed the suit as prayed for and pass further or other orders as may deem fit and thus render justice. ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.K.VAMANAN, Advocate for the petitioner the court made the following order:- [Order of the Court was made by M.M.SUNDRESH, J.] After the dismissal of the suit for partition, the present appeal has been filed and pending the appeal, this Miscellaneous Petition has been filed alleging that the respondents are trying to alienate the properties.

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2. Heard the learned counsel for the petitioners.

3. The Civil Miscellaneous Petition is closed with an observation that pending appeal if any alienation is made, the same would be subject to the result of the appeal suit. sd/- 11/08/2017 / TRUE COPY / Encl:Xerox copy of Schedule of property Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, THANJAVUR +1. C.C. to M/S.K.VAMANAN Advocate SR.No.28777

ORDER

IN CMP(MD) No.5096 of 2017 IN AS(MD) No.78 of 2017 Date :11/08/2017 SM:RR-BS:SAR I:22.8.2017:2P/3C https://hcservices.ecourts.gov.in/hcservices/